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ADB_book_18 April.qxp - Himalayan Document Centre - icimod

ADB_book_18 April.qxp - Himalayan Document Centre - icimod

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Nepal has implemented various acts, rules, andregulations including a ban on collection, use, sale,distribution, transportation, and export of two plants—Cordyceps misirensis (yarcha gumba) and Orchislatefolia (paunch ounle). Similarly, the Governmenthas banned transportation, exports, and sale ofkhayar (Acacia catechu), chanp (Micheliaehampaca), and sal (Shorea robusta). However,experts consider the existing provisions andmeasures taken insufficient to fulfill the obligationsunder CITES (Sapkota undated).Montreal Protocol on Substances that Deplete theOzone Layer 1987 and its amendments. The mainfocus is on controlling the production and use ofozone-depleting substances (ODS). Articles focus oncontrolling imports and exports of all types of ODSand changing chlorofluorocarbon technologies tomore ozone-friendly options. Support has beenreceived for institutional strengthening and technicaladvice for reducing the use of ODS. Parties havingdifficulties meeting their obligations under theprotocol have to notify the Member of Parties. Nearly2,500 projects are being implemented in developingcountries to shift to non-ODS substances. Nepal hasagreed to reduce chlorofluorocarbon use at the rateof 3 tons per annum, phasing it out entirely by 2010.For halons being used by agriculture, hospitals, andfire brigades, it was agreed to reduce the amountannually and phase it out by 2040 (Mainali undated).Basel Convention on the Control ofTransboundary Movement of Hazardous Wastesand Disposal. This convention is directed towardsenvironmentally sound management of hazardouswaste as it is moved from one country to another.Countries can ban the imports of such hazardouswaste. Exports must have written consent of theimporters. If an importing country lacks the capacityto manage hazardous substances, parties can stoptheir exports. No hazardous waste can be exported toAntarctica, and there are packaging, labeling, andtransport requirements for hazardous waste. Limitedsupport is provided for capacity building.Convention on Biological Diversity 1992. Thepurpose of this convention is the conservation ofbiological diversity, promotion of sustainable use,and fair and equitable sharing of benefits arising fromthe use of genetic resources. Although it does notdirectly refer to trade measures, there are activitieswith trade implications. Those relate to preservingand maintaining knowledge, innovation, andpractices of indigenous and local communities, useof biological diversity, and fair and equitabledistribution of the use of genetic resources.Translating these into actual legislation and otherprocedures will need to clarify conditions of access,sustainable use, and benefit sharing of a country’sbiological resources.Nepal has instituted various policies, legislation,and institutional measures to implement theprovisions of the convention, and completed aNational Biodiversity Strategy in 2002. However, thereis an urgent need for updating the biodiversitydatabase so that the changes can be betterunderstood over time and endangered flora andfauna better monitored and protected. At present,little is known of the extent of trade in endangeredflora.Cartagena Protocol on Biosafety, 2000. Thisprotocol seeks to ensure safe transfer, handling, anduse of living modified organisms that may haveadverse impacts on biological diversity and humanhealth. It maintains that trade and environmentshould be mutually supportive, withoutcompromising biosafety for humans andenvironment. This protocol does not seek to changethe rights and obligations of a party under existinginternational agreements like the WTO. However,parties can take more protective actions than calledfor in the protocol. It specifies an Advanced InformedAgreement procedure that will hold in theinternational transboundary movement of livingmodified organisms. There are provisions for abiosafety clearinghouse that will focus on riskassessment in accordance with specified proceduresand time periods. There are specific handling andtransport requirements for living modifiedorganisms.United Nations Framework Convention on ClimateChange 1992. The objective here is the stabilizationof greenhouse gas concentrations in the atmosphere.It does not directly restrict trade, but actions relatedto reducing greenhouse gases could impact trade. Itpoints out that actions taken to combat climatechange should not be discriminatory to internationaltrade. A Global Environment Facility (GEF) providesfinancial resources to help countries reducegreenhouse gases by adopting appropriatetechnologies.Kyoto Protocol, 1997. This protocol to the UnitedNations Framework Convention on Climate Changeseeks to reduce emission of carbon dioxide throughenhancement of energy efficiency in all greenhouseemittingsectors. It supports the use of economic andfinancial incentives for adopting energy efficienttechnologies. It introduces the concepts of cleandevelopment mechanisms and emissions trading.Chapter 12: Environment and Trade179

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